- Got arrested and detained at Magome Police Station of the Metropolitan Police Department on a charge of violation of the Anti-Stalking Act at the convenience store located at the 2 nd Street of West Waseda…
- Conducted stalking behavior such as dangling about my ex-girlfriend and investigated by Nerima Police Station of the Metropolitan Police Department…
i. Arrested / Detained in Cases of Violation of Anti-Stalking Act
Stalker Regulation Law (hereinafter called Anti-Stalking Act) is a law that aims to prevent occurrence of danger to an individual body, freedom and honor and contribute to the security and peace of the life of the people by imposing necessary burden on stalking behavior such as placing sanctions on stalking behavior and setting aid measures for victims of stalkers. (Article 1 of Anti-Stalking Act)
Anti-Stalking Act prohibits “following behavior” and “stalking behavior” and provides for punishment of violations.
A) Following Behavior
“Following behavior” includes the following 8 behaviors conducted to a specific person or his/her family from amorous feelings and other feelings of affection towards the specific person or from feeling of resentment of not having fulfilled the feelings.
- Stalking, ambushing, blocking one’s way, watching in the vicinity of one’s residence, office, school or common whereabouts or barging in the residence (Article 2(1)1(1) of Anti-Stalking Act);
- Informing the one that you suggest you are monitoring or put the one in a situation where the one could be aware of that (item 2 of the said article);
- Demanding for meeting, association or any other no-commitment act (item 3 of the said article);
- Using very foul or intemperate words and action (item 4 of the said article);
- Making silent phone calls, or making consecutive phone calls and sending fax or text regardless of one’s rejection to receive them (item 5 of the said article);
- Sending feculence, dead body of animal or anything makes very offensive or hatred feeling, or put the one in a situation where the one could be aware of that (item 6 of the said article);
- Telling anything to damage one’s reputation or put the one in a situation where the one could be aware of that (item 7 of the said article); and,
- Telling anything to damage one’s sense of sexual shame or put the one in a situation where the one could be aware of that. Also, sending documents, pictures and anything that will damage one’s sense of sexual shame, or put the one in a situation where the one could be aware of that (item 8 of the said article).
B) Stalking Behavior
“Stalking behavior” means repeating “following behavior” to a specific person. (Article 2(2) of Anti-Stalking Act)
ii. Legal Penalty of Violation of Anti-Stalking Act
Where one conducted following behavior, Chief of the Police Station gives a warning that he/she must not conduct the following behavior.
If the one does not heed the warning, the Public Safety Commission would slap him/her with a “prohibition order”.
When the one conducted the “stalking behavior” in non-compliance with this “prohibition order”, he/she would face up to one year imprisonment with work or a fine not exceeding one million yen. (Article 14(1) of Anti-Stalking Act)
Where the one’s behavior did not fall into the “stalking behavior” despite his/her non-compliance with the “prohibition order”, he/she would be liable to a fine not exceeding 500,000 yen. (Article 15 of Anti-Stalking Act)
On the other hand, the victim of “stalking behavior” may bring an accusation against the perpetrator other than seeking a “warning” by a chief of the Police Station and “prohibition order” by the Public Safety Commission.
In this case, one would face up to six-month imprisonment with work or a fine not exceeding 500,000 yen, when the one conducted the “stalking behavior”. (Article 13(1) of Anti-Stalking Act)
▼Summary of Violation of Anti-Stalking Act
| Act that may constitute a crime | Punishment |
| Conducted “stalking behavior” (Art. 13 (1) of Anti-Stalking Act) | Up to six-month imprisonment with work or a fine not exceeding 500,000 yen |
| Conducted “stalking behavior” in non- compliance with prohibition order (Art. 14(1) of Anti-Stalking Act) | Up to one year imprisonment with work or a fine not exceeding one million yen |
| Disobeyed prohibition order (the conduct didnot fall into “stalking behavior”) (Art. 15 of Anti-Stalking Act) | Fine not exceeding 500,000 yen |
~Points of Defense Activities in Cases of Violation of Anti-Stalking Act~
i. Early Release
Lawyer takes defense activities towards early release of the one who got arrested or detained by the police in a case of violation of the Anti-Stalking Act. Concretely speaking, lawyer works on to a public prosecutor not to make a request for detention, encourages a judge not to make a decision to detain, and makes a quasi-appeal against the decision to detain.
Lawyer also makes a request for bail at the right time when the one was prosecuted remaining detained in a case of violation of the Anti-Stalking Act. Once a request for bail was permitted, the accused will get out of a detention center. The accused also can have sufficient meetings with his/her lawyer and the lawyer can take productive defense activities.
ii. Compensation and Out-Of-Court Settlement Negotiation
In a case of violation of the Anti-Stalking Act, it is important to compensate to the victim and negotiate with the victim. Violation of the Anti-Stalking Act is an offense subject to accusation upon complaint from victim except for non-compliance with prohibition order (Article 13(2) of Anti-Stalking Act). If the out-of-court settlement was made through compensation to the victim and the accusation was withdrawn, a risk to get prosecuted is to be eliminated.
In a case of non-compliance with prohibition order that is not an offense subject to accusation upon complaint from victim, the circumstances that the out-of-court settlement was made with the victim and he/she does not ask for punishment would lead to lenient dispose including non-prosecution.
Please ask lawyer to negotiate with the victim in a case of violation of the Anti-Stalking Act. There is a risk in that the suspect him/herself or his/her family members negotiate with victim. The victim of stalking usually has a fear of the perpetrator, so there is a possibility that the victim may refuse the out-of-court settlement negotiation. Lawyers who are good at the out-of-court settlement negotiation conduct the negotiation with patience.
iii. Claim of Mitigating Circumstances
To arrange the environment putting an emphasis on repeated crime prevention is also important in defense activities in a case of violation of the Anti-Stalking Act. For example, lawyer persuasively asserts that there is no possibility to commit a crime again by showing that the suspect reflects deeply on what he/she has done and that he/she will receive or is receiving special treatment such as counseling, and taking a specific measure that the suspect will not get in touch with the victim. That there is no possibility to commit a crime again may contribute to
the early release of the suspect; moreover, that may lead to non-prosecution, reduction of sentence, or suspended sentence.
You can receive the best advise by the lawyers who have a rich experience in a case of the Anti-Stalking Act at the AICHI Criminal Cases Law Firm. The lawyers specializing in criminal and juvenile cases personally provide for “free consultation”. Where the suspect got arrested or detained, we also provide with “the first interview service” that the lawyers personally go where the suspect is, at the earliest on the day.
